Case: EEOC v. PASS & SEYMOUR INC.

5:04-cv-00573 | U.S. District Court for the Western District of Texas

Filed Date: July 1, 2004

Closed Date: Aug. 11, 2005

Clearinghouse coding complete

Case Summary

The San Antonio District Office of the EEOC brought this suit against Pass & Seymour, Inc. and Kenmark Group, Ltd. in July 2004 in the U.S. District Court for the Western District of Texas. The complaint alleged sex discrimination in violation of Title Vii of the Civil Rights Act of 1964. The defendants allegedly engaged in a pattern or practice of limiting employment opportunities for males because of their sex. The EEOC entered into a consent decree with each defendant in June 2005.The five y…

The San Antonio District Office of the EEOC brought this suit against Pass & Seymour, Inc. and Kenmark Group, Ltd. in July 2004 in the U.S. District Court for the Western District of Texas. The complaint alleged sex discrimination in violation of Title Vii of the Civil Rights Act of 1964. The defendants allegedly engaged in a pattern or practice of limiting employment opportunities for males because of their sex. The EEOC entered into a consent decree with each defendant in June 2005.

The five year consent decree with Kenmark Group prohibited discrimination; required Kenmark to post notice; adopt a statement of non-discrimination; train human resources employees and managers for four hours on the requirements of Title VII; and pay $25,056 to an equal rights group. The three year consent decree with Pass & Seymour prohibited discrimination; required Pass & Seymour to post notice; adopt a statement of non-discrimination; train human resources employees and managers for six hours on the requirements of Title VII; and pay $475,000 into a settlement fund for potential class members who had experienced discrimination.

Summary Authors

Kevin Wilemon (7/29/2008)

Documents in the Clearinghouse

Document

5:04-cv-00573

Docket

EEOC v. Pass & Seymour, Inc., et al

Aug. 11, 2005

Aug. 11, 2005

Docket

5:04-cv-00573

Consent Decree as to Defendant Kennmark Group, Ltd.

EEOC v. Pass & Seymour, Inc., et al

June 24, 2002

June 24, 2002

Settlement Agreement
1

5:04-cv-00573

Complaint

EEOC v. Pass & Seymour, Inc., et al

July 1, 2004

July 1, 2004

Complaint

EEOC Litigation Settlements June 2005

EEOC v. Pass & Seymour, Inc., et al

No Court

June 1, 2005

June 1, 2005

Other
20

5:04-cv-00573

Consent Decree as to Defendant Pass & Seymour

EEOC v. Pass & Seymour, Inc.

June 1, 2005

June 1, 2005

Settlement Agreement

Office of General Counsel FY 2005 Annual Report

EEOC v. Pass & Seymour, Inc., et al

No Court

April 13, 2006

April 13, 2006

Other

Resources

Docket

Last updated Aug. 9, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link

Case assigned to Honorable Orlando L. Garcia (ga) (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

1

Complaint filed. (Pages: 6) (ga) (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

2

Demand for jury trial by Equal Employment Opportunity Commission (ga) Modified on 07/08/2004 (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

If ordered by the court, all referrals will be assigned to Magistrate Judge Nowak (ga) (Entered: 07/08/2004)

July 1, 2004

July 1, 2004

2

Waiver of Service by Pass & Seymour, Inc., Kennmark Group, Ltd.; Notice and Request Mailed on 7/19/04 ; Answer due on 9/17/04 for Pass & Seymour, Inc., for Kennmark Group, Ltd. (rg) (Entered: 08/02/2004)

July 30, 2004

July 30, 2004

Summons issued for Pass & Seymour, Inc. (rg) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

6

Waiver of Service by Pass & Seymour, Inc.; Notice and Request Mailed on 7/1/04 (rg) (Entered: 09/02/2004)

Aug. 3, 2004

Aug. 3, 2004

3

Motion by Pass & Seymour, Inc. for David M. Ferrara to appear pro hac vice (tm) Modified on 09/15/2004 (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

4

Answer by Pass & Seymour, Inc. (tm) Modified on 09/15/2004 (Entered: 08/26/2004)

Aug. 25, 2004

Aug. 25, 2004

5

ORDER granting motion for David M. Ferrara to appear pro hac vice [3- 1] signed by Honorable Orlando L. Garcia (tm) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

8

Order transferring case to the docket of Judge William Wayne Justice signed by Honorable Orlando L. Garcia (sj) (Entered: 10/07/2004)

Oct. 6, 2004

Oct. 6, 2004

Case reassigned from Honorable Orlando L. Garcia to Judge William W. Justice (sj) (Entered: 10/07/2004)

Oct. 6, 2004

Oct. 6, 2004

9

Report by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. of parties' rule 26(f) joint discovery/case management plan (tm) (Entered: 10/19/2004)

Oct. 18, 2004

Oct. 18, 2004

10

Recommendations for scheduling order by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. (tm) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

11

Scheduling order setting; Alternate Dispute Resolution Report due by 1/18/05, Joining of parties, amending of pleadings on 4/15/05, Discovery cutoff 10/24/05, Deadline for filing of all dispositive motions 9/1/05 signed by Judge William W. Justice (tm) (Entered: 11/05/2004)

Nov. 4, 2004

Nov. 4, 2004

12

Motion by Pass & Seymour, Inc. for (Paul Limmiatis) to appear pro hac vice (tm) (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

13

Alternate Dispute Resolution Report filed by Pass & Seymour, Inc., Kennmark Group, Ltd., Party(s) agree to Alternate Dispute Resolution (tm) (Entered: 01/19/2005)

Jan. 18, 2005

Jan. 18, 2005

14

Order granting motion for (Paul Limmiatis) to appear pro hac vice [12-1] signed by Judge William W. Justice (tm) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

15

Stipulation filed by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. (tm) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

16

Joint notice by Equal Employment, Pass & Seymour, Inc., Kennmark Group, Ltd. of pending settlement between EEOC and Pass & Seymour, Inc (tm) (Entered: 04/27/2005)

April 26, 2005

April 26, 2005

17

Joint Notice by Equal Employment, Kennmark Group, Ltd. of: Pending Settlement between EEOC and Kennmark Group, LTD (ac) (Entered: 05/11/2005)

May 10, 2005

May 10, 2005

18

Joint motion by Equal Employment, Pass & Seymour, Inc. to enter consent decree as to defendant Pass & Seymour (tm) (Entered: 05/27/2005)

May 26, 2005

May 26, 2005

19

Joint motion by Equal Employment, Kennmark Group, Ltd. to enter consent decree as to defendant Kennmark Group, LTD (tm) (Entered: 06/06/2005)

June 2, 2005

June 2, 2005

20

Order granting joint motion to enter consent decree as to defendant Pass & Seymour [18-1] signed by Judge William W. Justice (tm) (Entered: 06/06/2005)

June 2, 2005

June 2, 2005

21

Final Judgment and order entering consent decree as to defendant Pass & Seymour, Inc. signed by Judge William W. Justice (Pages: 2) (tm) (Entered: 06/06/2005)

June 2, 2005

June 2, 2005

22

Order granting joint motion to enter consent decree as to defendant Kennmark Group, LTD [19-1] signed by Judge William W. Justice (tm) (Entered: 06/28/2005)

June 24, 2005

June 24, 2005

23

Final Judgment and Order entering consent decree as to defedant Kennmark Group, LTD signed by Judge William W. Justice (tm) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

Case closed (tm) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: July 1, 2004

Closing Date: Aug. 11, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kenmark Group, Ltd. (San Antonio, TX), Private Entity/Person

Pass & Seymour, Inc. (San Antonio, TX), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 500056

Order Duration: 2005 - 2005

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits